As New York edges closer to implementing adult use cannabis sales, medical cannabis remains the only legal marketplace active in the Empire State. Medical patients are the only ones able to purchase cannabis until the recreational market opens, likely in 2023.
Medical marijuana caregivers are the only other individuals able to buy cannabis until then.
As of Oct. 5, 2022, registered medical marijuana patients and caregivers may cultivate medical marijuana as well. Only registered patients and caregivers 21 and older can cultivate at this time. Future regulations will allow recreational cultivation as well, but this won't be allowed until after recreational sales begin.
Caregivers are a critical lifeline in the medical marketplace. They care for sick children and incapacitated adults in need of cannabis. They help acquire, deliver, transfer, transport and/or administer cannabis when patients can't. Still, while caregivers have many rights, they aren't the same as a patient's rights.
Keep reading to learn more about those rights and how to become a medical marijuana caregiver in New York.
What is a Medical Marijuana Caregiver?
Acting as support for up to five patients at a time, designated caregivers assist minors and the disabled throughout the cannabis process. Patients unable to do so themselves can designate up to five caregivers to provide support. However, only one caregiver can cultivate for the patient.
To become an MMJ caregiver in New York, a person must meet the following criteria:
- Be at least 21 years old or older
- A New York resident
- Directly designated on the patient's medical cannabis license application
- Cannot be the physician conducting the patient's evaluation
New York Laws for MMJ Caregivers and Their Patients
Designating a Caregiver
Patients can designate up to five caregivers at any time. However, only one caregiver can cultivate for them at any given time. Once the state approves the person's license application and receives their Registry ID card, they can be designated as a patient's caregiver. If a facility has registered with New York’s Office of Cannabis Management (OCM), a patient can also select it as a caregiver for them.
Cultivating Cannabis as a Caregiver
Beginning on Oct. 5, 2022, caregivers can cultivate for their patients. Caregivers can grow cannabis for up to 4 patients at once. Caregivers cultivating for their selves and between one and four patients can cultivate a maximum of six mature plants and six immature. Cultivators not cultivating for their selves can cultivate three mature plants and three immature for one patient, and six plants mature and six immature for between two and four patients. Caregivers cultivating for others have a few basic rules to follow:
- Caregivers will only be able to cultivate for patients who are under 21 years old, or disabled adults who can't cultivate for themselves.
- Caregivers must keep patient cannabis crops away from any other grows.
- Caregivers can't receive payment for their cultivation skills. They can only receive reimbursement for goods, materials or utilities.
- Caregivers won't be able to sell excess cannabis, even if the patient doesn't want it.
- Caregivers can only cultivate plants at the site of a patient's private residence or their own private residence.
Learn more about New York cannabis laws & regulations.
How to Become an MMJ Caregiver in New York
Caregiver applications are often much more expedited than the patient process (and are free). To apply, follow these steps:
- Get designated by a certified patient.
- Then, register online using the state's online portal. Once completed and approved, you'll receive a registry ID card in the mail. While waiting, you can print a temporary registry ID card to be used along with your New York state ID.
- With your ID in hand, you can now assume the duties of a MMJ caregiver. Have your state and caregiver ID on hand at all times.
Good to Know:
- Notify the state of any changes in address within 10 days. In some cases, you may need a new ID card.
- If you need to make changes to your card or need help, visit the state Office of Cannabis Management, or call 888-OCM-5151 (888-626-5151) to learn more.
Ready to get your New York State medical cannabis card? Visit NuggMD's New York page to learn more and get started at your convenience.
The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.
